What's the legality of a flower pot falling off a balcony and hitting someone?

Question

Okay, so say there's a balcony in a busy city and a flower pot or something similar falls off and hits someone on the head, either injuring or, with enough height, killing that person. What charges can be pressed against the person who owns the falling object? Are they legally required to financially compensate that other person? Could they go to prison for charges like manslaughter?

This is all hypothetical of course. I definitely did not drop a flower pot on my nasty neighbor's head because he's the worst.

Anonymous · Accepted Answer

In NY the person who placed the flowerpot (or something else) where it can fall is negligence.

Only the DA can press charges, and that would depend on whether it's common negligence or gross negligence.

The lawsuit for damages and pain/suffering would be against the person who placed the object on the balcony, the person who rents the apartment (assuming that person didn't place the object), the owner of the building (if it's gross negligence).  Homeowners insurance would cover the damages UNLESS gross negligence was involved.

Required to reimburse?  The Court would undoubtedly order the person to pay the other person's medical bills.  After that it's pain/suffering/lost income and so forth.  Tht would be settled before a Judge.

Manslaughter?  Not unless it's gross negligence.

random_man · Answer

It would be a civil case. There's no law broken.

You would have to sue whoever lives there for damages.

Slickterp · Answer

That depends on many things.  Why did it fall?  Was the pot owner negligent in any way?

David S · Answer

100% responsibility of the occupant. It isn't criminal, but civil liability due to negligence. A plaintiff would have no trouble winning a civil suit.

Mike · Answer

Back in the 1950s, a pedestrian in NY City was killed when a flower pot, or maybe a dumb bell, fell off the balcony of Arlene Francis's apartment. The DA found no criminal liability, but the victim's family got a civil case settlement. We can only speculate whether the DA didn't prosecute because Arlene Francis was a big TV star at the time.

Maxi · Answer

Laws depend on country.......... but if your property injures someone, they could file a report and have you charged with assault or the equivilent charge whwere you lve and if it kills someone, it is manslaughter or the equivilent charge

? · Answer

Unless the victim can prove gross negligence, it's considered an accident, and should be covered by insurance.

Gypsyfish · Answer

Two different issues- criminal charges and civil liability.  They can certainly be sued for negligence. The flower pot shouldn't have been in a position where it can fall. I don't know about criminal charges- it would depend on the rules for maintaining property in that specific area.

Anonymous · Answer

Hypothetically speaking, the charge would be manslaughter.

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What's the legality of a flower pot falling off a balcony and hitting someone?

9 Answers